These Regulations may be cited as the Environmental Management (Licensing) Regulations, 2013.

2. Interpretation

In these Regulations, unless the context otherwise requires–

“Agency” means the Zambia Environmental Management Agency provided for under section seven of the Act;

“banned chemical ” means a chemical–

(a) whose uses in all categories are prohibited by regulatory action in order to protect human health, animal or plant life or the environment; and

(b) that is denied approval for first-time use or is withdrawn by industry from the domestic market or from further consideration in the approval process;

“Board” means the Board of the Agency established under section 11 of the Act;

“bunding” means an upraised area surrounding the floor of a warehouse to contain any spillage and washing from pesticides or toxic substances and from cleaning water of the pesticides and toxic substances;

“calculated levels” in relation to–

(a) an imported or exported controlled substance, means the quantity of the controlled substance; or

(b) a group of controlled substances set out in the Fourteenth Schedule imported or exported during a given period, means the sum of the calculated levels of importation of the controlled substances within the group during that period determined in accordance with the formula specified under regulation 43;

“chemical” means an industrial toxic substance, pesticide, fertiliser or a chemical substance in a complex mixture or preparation, manufactured or derived from nature or in any other form;

“chemical treatment” means the reaction of a pesticide or toxic substance with another pesticide or toxic substance under optimum conditions of pH, temperature and others;

“child” means a person below the age of eighteen years;

“chlorofluorocarbon (CFC)” means a fully halogenated chlorofluorocarbon each molecule of which contains one, two or three carbon atoms;

“collect” means removing waste material for the purpose of disposal;

“construction waste” means waste produced during the construction, alteration, repair or demolition of a structure or rubble, earth, rock and wood that is displaced during the construction, alteration, repair or demolition of the structure;

“contaminant” has the meaning assigned to it in the Act;

“contamination” means the presence in or under any land, site, building or structure of a substance or microorganism above the concentration which is normally present in or under that land, which affects or may affect the quality of soil or the environment adversely;

“controlled substance” means a substance set out in the second column of the Fourteenth Schedule, in pure form or in a mixture, or isomers of the substance, unless otherwise indicated;

“country of import” means the country to which a transboundary movement of hazardous waste is planned or takes place for the purpose of disposal in that country or for the purpose of loading prior to disposal in an area that is not under the jurisdiction of any country;

“date of prohibition” means the date set out in the third column of the Fifteenth Schedule;

“developer” has the meaning assigned to it in the Act;

“Director-General” means the person appointed as such under section 13 of the Act;

“discharge” has the meaning assigned to it in the Act;

“distribute” means the process by which pesticides are supplied through trade channels to local or international markets;

“disposal” means the burial, deposit, discharge, abandoning, dumping, placing or release of waste into or onto air, land or water;

“emission licence” means a licence issued by the Agency under section 33 of the Act;

“emission limit” means the maximum limit, level, rate, amount or concentration of a given substance permitted to be discharged into the atmosphere;

“environmentally sound management of waste” means the taking of reasonable and practical steps to ensure that waste or hazardous waste is managed in a manner that protects human health, plant and animal life and the environment against adverse effects from the waste;

“formulation” means the combination of various ingredients designed to render a pesticide useful and effective for the purpose claimed or the form of the pesticide as purchased by users;

“general waste” means domestic waste, trade and commercial waste, construction waste, garden waste or waste that does not pose an immediate hazard or threat to human health, plant and animal life or the environment;

“generator” means a person whose activity produces hazardous waste or if that person is not known, the person who is in possession or control of the hazardous waste;

“halon” means a brominated chemical related to a chlorofluorocarbon used in fire-fighting and has a very high ozone depleting potential;

“hazardous waste” has the meaning assigned to it in the Act;

“hazardous waste disposal site” means the area, land or water on which hazardous waste disposal facilities are physically located;

“hazardous waste licence” means a licence issued under sub-section (2) of section 55 of the Act;

“illegal traffic” means any movement of hazardous waste that takes place without the consent of the Agency;

“incineration” means the oxidation of hazardous waste by burning at high temperature so that it is rendered less harmful or inert with or without the recovery of combustion heat generated;

“inspector” means a person appointed as such under section 14 of the Act;

“label” means the written, printed or graphic matter on or attached to a pesticide or toxic substance, the immediate container of the pesticide or toxic substance and the outside container or wrapper of the retail package of the pesticide or toxic substance;

“landfill” means a waste disposal site for the deposit of waste onto or into land, including internal waste disposal sites, but excludes facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal and temporary deposit of waste prior to recovery, treatment or disposal;

“landfilling” means waste disposal on land, by filling in excavations or the creation of a landfill above ground;

“manufacturer” means a corporation or other entity in the public or private sector or an individual engaged in the business or function, whether directly or through an agent or entity controlled by or under contract with it, of manufacturing a pesticide active ingredient or preparing its formulation or product;

“new pesticide or toxic substance” means a pesticide or toxic substance that is brought into the country for the first time, a pesticide or toxic substance that has undergone a re- formulation, modification or change, or a generic or patented product or pesticide or toxicsubstance that is proposed to be manufactured in Zambia for the first time;

“operator” in relation to hazardous waste, means a person charged with the responsibility of managing a hazardous waste disposal site or facility;

“ozone depleting potential (ODP)” means the ability of a controlled substance to destroy the atmospheric ozone based on atmospheric lifetime, stability and reactivity;

“ozone depleting substance” means a substance listed in the Fourteenth and Fifteenth Schedules;

“ozone layer” has the meaning assigned to it in the Act;

“packaging” means the container together with the protective wrapping used to carry or store pesticides or toxic substances or their products for wholesale and retail distribution to users;

“packaging material” means the material with which the container of pesticides or toxic substances is made;

“personal protective equipment” means any clothes, material or device designed to provide protection when handling or applying pesticides or toxic substances;

“pesticide” has the meaning assigned to it in the Act;

“pesticide and toxic substance licence” means the licence issued under section sixty-five of the Act;

“pollutant” has the meaning assigned to it in the Act;

“pollution” has the meaning assigned to it in the Act;

“pretreatment or treatment” in relation to hazardous waste, means the physical, chemical or biological processes, including sorting, that change the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery;

“receiving country” means the country to which a transboundary movement of hazardous waste is planned or takes place for the purpose of disposal in that country or for the purpose of loading prior to disposal in an area that is not under the jurisdiction of any country;

“reclaimed” in respect of a controlled substance, means recovered, reprocessed and upgraded through filtering, drying, distillation or chemical treatment in order to restore the controlled substance to industrial accepted reuse standards;

“recovered” in respect of a controlled substance, means–

(a) collected after the substance has been used; or

(b) collected from machinery, equipment or a container during servicing or before the disposal of the machinery, equipment or container;

“recovery” means operations which lead to the possibility of resource recovery, recycling, reclamation, direct reuse or alternative uses;

“recovery” in relation to waste, means the controlled extraction or retrieval of energy from waste;

“recycle” in relation to waste, means to separate and process material from waste for further use as a new product or resource;

“recycled” in relation to a controlled substance, means reused, recovered, cleaned by filtering, drying or reused to recharge equipment;

“refrigerant” means substance, whether part or mixture, that is used as a coolant in a refrigerator, freezer, cold room, de-humidifier, heat pump or an air conditioner;

“re-pack” means to transfer a pesticide from a commercial package into another usually smaller container for subsequent sale;

“restricted chemical” means a chemical for which certain uses within one or more categories is prohibited by regulatory action in order to protect human health, animal or plant life or the environment, but for which certain uses are allowed;

“re-use” in relation to waste, means to use articles from the waste stream for a similar or different purpose without changing the form or properties of the articles;

“severely restricted chemical” means a chemical whose–

(a) uses within one or more categories is prohibited by regulatory action in order to protect human health, animal or plant life or the environment, but for which some specific uses are permitted; or

(b) use is not approved or is withdrawn by industry from the domestic market or from further consideration in the approval process in order to protect human health, animal or plant life or the environment;

“severely restricted pesticide or toxic substance” means a pesticide or toxic substance whose general licensed uses are prohibited but other uses permitted under these Regulations;

“storage” means the accumulation of waste in a manner that does not constitute treatment or disposal of that waste;

“storage of hazardous waste” means the keeping of hazardous waste for a period exceeding three months under conditions that prevent its release to the environment until appropriate recovery, treatment or disposal facilities are provided;

“technician” means a person qualified in ozone friendly technology to service or maintain refrigeration or air conditioning systems and certified by the Agency;

“toxic substance” has the meaning assigned to it in the Act; “ toxicity ” means a physiological or biological property which determines the capacity of a substance to injure or harm living organism by means other than mechanical means;

“trade in” means the exchange of hazardous waste with money or any other means of exchange within the Southern African Development Community;

“transboundary movement” means the movement of hazardous waste or other waste from an area under the jurisdiction of one country to or through an area under the jurisdiction of another country, or to or through an area not under the jurisdiction of any country;

“transit country” means a country, other than the country of import or export, through which a transboundary movement of hazardous waste is planned or takes place;

“transportation of hazardous waste” means the movement of hazardous waste from the place of its generation to the storage site or the site of disposal;

“treatment” means a method, technique or process designed to change the physical, biological or chemical character or composition of waste, or to remove, separate, concentrate or recover a hazardous or toxic component of waste or to destroy or reduce the toxicity of the waste in order to minimise the impact of the waste on the environment;

“use” means handling, pest control and fumigation services, spraying or other release of a pesticide or the exposure of human beings, animals or the environment to pesticides;

“waste” has the meaning assigned to it in the Act;

“waste management” means the taking of practical steps to ensure that waste generated from industrial or commercial operations or domestic and community activities is managed in a manner that protects human health, animal and plant life and the environment against the adverse effect which may result from the waste, including transportation of waste water;

“waste management licence” means a licence issued under subsection (1) of section 55 of the Act;

“wastewater” means water that has been used for domestic, commercial, agricultural, trading or industrial purposes that may cause water pollution when discharged into the aquatic environment; and

“withholding period” means the period between the last application of the pesticide or toxic substance and the harvest of plant products, grazing of treated areas and slaughter of treated animals for food.

PART IIAIR AND WATER POLLUTION

3. Non-application of Part

This Part does not apply to the discharge of a pollutant into a sewer–

(a) within the area of operation of a water utility or local authority, unless the water utility or local authority approves the discharge of the pollutant into the sewer; or

(b) on private property, unless the owner of the sewer approves the discharge of the pollutant into the sewer.

4. Emission licence

(1) A person who intends to emit or discharge a pollutant or contaminant into the environment shall apply to the Agency for an emission licence in Form I set out in the First Schedule.

(2) The Agency shall, within thirty days of receipt of an application under sub-regulation (1), approve the application if the applicant–

(a) has measures and facilities in place to ensure the safe emission or discharge of a pollutant or contaminant into the environment; or

(b) complies with the requirements of the Water Resources Management Act, 2011, if the application relates to pre- heating or treating hazardous waste.

(3) The Agency shall reject an application for an emission licence if the applicant does not meet the requirements of the Act and these Regulations.

(4) The Agency shall, where it approves an application for an emission licence, issue the licence in Form II set out in the First Schedule.

5. Emission limits

(1) The emission limits shall be as prescribed in the Second Schedule.

(2) The emission limits apply to a plant, undertaking or process that emits air pollutants.

6. Ambient air quality guidelines

The Agency shall, in accordance with the guidelines set out in the Second Schedule, assess the quality of ambient air in order to protect human health, animal or plant life and the environment.

7. Obligations of holder of emission licence

(1) A holder of an emission licence relating to air shall–

(a) comply with the emission limits prescribed in the Second Schedule;

(b) install air measuring devices and pollution control equipment at the plant, undertaking or process that emits air pollutants;

(c) collect such samples and conduct such analysis of the emissions as the Agency may direct for the monitoring of emission levels;

(d) operate an internal air emission monitoring system approved by the Agency;

(e) submit emission returns to the Agency twice a year;

(f) report immediately to the Agency any emissions exceeding the limits prescribed in the Second Schedule; and

(g) take reasonable steps to contain the discharge of emissions to prevent, mitigate or remedy their adverse effects on human health, animal or plant life and the environment.

(2) A holder of an emission licence relating to water shall–

(a) comply with the effluent and waste water standards prescribed in the Third Schedule;

(b) install at the premises, pollution control equipment for the treatment of the effluent or wastewater;

(c) carry out regular effluent or wastewater discharge quality and quantity monitoring and submit records of the monitoring to the Agency twice a year;

(d) employ Best Management Practices (BMPs) to control or abate the discharge of pollutants into the environment;

(e) submit emission returns to the Agency twice a year; and

(f) immediately report to the Agency any abnormal discharge of effluent.

(3) The returns referred to in paragraph (e) of subregulation (1) and paragraph (e) of sub-regulation (2) shall be submitted to the Agency on or before the fifteenth day of the month following the end of the six month period from the beginning of the year or as directed by the Agency.

(4) The measurements for emissions shall be expressed at standard temperature of twenty-five degrees celsius (25°C) and pressure of one hundred and one point three kilo pascals (101.3 kPa).

8. Classification criteria for effluent

The criteria for the classification of effluent and waste water shall be as prescribed in the Fourth Schedule.

9. Monitoring and minimising contamination by effluent

(1) The Agency may order an owner or operator of an effluent generating entity to drill monitoring wells for monitoring the contamination of ground water.

(2) An owner or operator of an effluent generating entity may re-use, recycle and minimise the discharge of effluent into the environment.

(3) An owner or operator of an effluent generating entity shall–

(a) use energy efficient and environmentally sound processes for management of effluent or waste water;

(b) ensure that the control, treatment and monitoring facilities are properly maintained and that they are kept in constant state of repair; and

(c) ensure that operations of discharge of effluent are conducted in a manner that protects human health, animal or plant life and the environment from adverse effects of the effluent or waste water.

PART IIIWASTE MANAGEMENT

10. Non-application of Part

(1) This Part does not apply to–

(a) general waste from domestic household of fortyfive kilograms weight or less per week; or

(b) the transportation of construction waste that is not contaminated or mixed with hazardous waste to licensed disposal sites.

(2) The generator of the waste referred to in paragraph (a) of sub-regulation (1) shall comply with the waste management requirements prescribed by the local authority in the area.

11. Restriction against open air burning

A person shall not conduct open air burning of waste from industrial, commercial operations or domestic or community activities except with the written consent of the Agency.

12. Waste management licence

(1) A person who intends to reclaim, re-use, recover, recycle, transport, dispose of, transit, trade in, export waste or collect and dispose of waste from industrial, commercial, domestic or community activities or own, construct or operate a waste disposal site or facility for the permanent disposal or storage of waste shall apply to the Agency for a waste management licence in Form III set out in the First Schedule.

(2) The Agency shall, within thirty days of receipt of an application under sub-regulation (1), approve the application if the applicant–

(b) has measures and facilities in place to ensure the safe reclamation, re-use, recovery or recycling of waste.

(3) The Agency shall, where it approves an application for a waste management licence, issue the licence in Form IV set out in the First Schedule.

13. Obligations of holder of waste management licence

(1) A holder of a waste management licence shall–

(a) keep a record of the licenced activity and submit the record to the Agency twice a year from the commencement of the licensed activities;

(b) prevent the generation of waste or minimise the toxicity and amount of waste generated;

(c) install at the premises, pollution control equipment;

(d) re use, recycle or recover waste;

(e) ensure that generated waste is treated and disposed of in an environmentally sound manner;

(f) ensure environmentally sound management of waste; and

(g) take reasonable measures to prevent the generated waste from being used for an unlawful purpose.

(2) The Agency shall review the monitoring records submitted under sub-regulation (1) in order to ensure compliance with these Regulations.

14. Recovery, re-use or recycling of waste

(1) Unless otherwise specified in these Regulations or any other written law, a person who recovers, re-uses or recycles waste shall ensure that the method of recovery, reuse or recycling the waste–

(a) uses less natural resources than required for the disposal of the waste; and

(b) is less harmful to the environment than the disposal of the waste.

(2) The Agency or a local authority may require a person who uses a local authority collection service to separate specified types of waste from the general waste for the purposes of recovery, re use or recycling of the waste.

15. Monitoring contamination of ground water

The Agency may order the owner or operator of a waste management facility to drill monitoring wells for monitoring the contamination of around water.

16. National Waste Management Strategy

(1) The Agency shall, within two years from the commencement of these Regulations and every five years thereafter, review the existing national waste management strategy.

(2) The national waste management strategy shall provide for–

(a) the objectives, plans, guidelines, systems and procedures for the protection of the environment, the generation and prevention and minimisation of waste generation, use and environmental sound management of waste;

(b) mechanisms, systems and procedures to give effect to international best practice in waste management;

(iii) address the delivery of waste management services to residential and commercial premises; and

(c) indicate the local authority’s priorities and objectives in waste management.

(3) A local authority shall report annually to the Agency on the implementation of its integrated waste management plan in accordance with subsection (2) of section 56 of the Act.

(4) A local authority may cooperate with another local authority in respect of the provision of joint waste management services.

PART IVHAZARDOUS WASTE

18. Application of Part

(1) This Part applies to–

(a) the control and monitoring of the generation, collection, storage, transportation, pretreatment, treatment, disposal, export, import, transit, trade in and transboundary movement of the hazardous waste listed in the Fifth Schedule; and

(b) the waste specified in the Sixth Schedule, if that waste exhibits the characteristics found in the Seventh Schedule.

(2) This Part does not apply to municipal, general or industrial waste.

19. Hazardous waste licence

(1) A person who intends to generate, pre-treat, treat, handle, transport, store, dispose of, transit, trade in or export hazardous waste shall apply to the Agency for a hazardous waste licence in Form V set out in the First Schedule.

(2) The Agency shall, within thirty days of receipt of an application under sub-regulation (1), approve the application if the applicant–

(e) eliminate any pollution or environmental degradation caused by the hazardous waste;

(f) remedy the effects of the pollution or environmental degradation resulting from the hazardous waste; and

(g) if contamination of the environment occurs, take the relevant steps to prevent any adverse effects from the hazardous waste on the environment and immediately notify the Agency.

21. Storage of hazardous waste

A holder of a hazardous waste licence who stores hazardous waste shall–

(a) monitor the stored hazardous waste to prevent contamination of the environment and submit the results of the monitoring to the Agency as specified in the hazardous waste licence; and

(b) comply with the requirements for storage of hazardous waste prescribed in the Eighth Schedule.

22. Transportation of hazardous waste

The transportation of hazardous waste is subject to the following conditions–

(a) the transporter shall comply with the requirements of the Eighth Schedule;

(b) the transportation shall be undertaken according to approved times on approved routes and in approved vehicles with approved labels;

(c) the transporter shall provide for security and an emergency procedure or plan to deal with any accidental spillage or contamination of the environment;

(d) the transporter shall specify the final destination of the hazardous waste; and

(e) the transporter shall provide adequate insurance security to cover third party liabilities.

23. Pre-treatment of hazardous waste

A holder of a hazardous waste licence pretreating or treating hazardous waste shall–

(a) comply with the requirements of the Nineth Schedule;

(b) keep records of the types, nature and quantities of pretreated or treated hazardous waste;

(c) provide regular reports to the Agency on the activities according to the conditions of the licence;

(d) develop improvement programmes on the operations; and

(e) provide a security and emergency procedure or plan.

24. Hazardous waste disposal site

(1) A hazardous waste disposal site shall be managed in accordance with the guidelines prescribed in the Nineth Schedule.

(2) An operator of a hazardous waste disposal site shall–

(a) obtain adequate insurance or financial security to cover any third party liabilities and compensate victims of an accident from the operation of the disposal site;

(b) ensure that the site is compatible with the landuse and development plans of the relevant local authorities; and

(c) keep and maintain records of the types and quantities of hazardous waste.

25. Transboundary movement of waste

(1) An exporter, importer or transporter who intends to move hazardous waste into or out of the Republic shall notify the Agency in Form VII set out in the First Schedule.

(2) The Agency may conduct regular or random inspections of sites, facilities and cargo and seize any hazardous waste transported contrary to these Regulations or any mode of transportation used contrary to these Regulations.

(3) A transporter or importer who illegally traffics hazardous waste shall transport the hazardous waste back to the country of export at the transporter’s or importer’s expense.

(4) The Agency shall, where the reexport of illegally trafficked hazardous waste is not practicable, direct the method of disposal for the hazardous waste and the exporter, importer and transporter shall meet the cost of the disposal.

(5) The Agency shall, where any illegally trafficked hazardous waste cannot be attributed to a particular person and reexport is not practicable, dispose of the hazardous waste in accordance with these Regulations.

26. Importation of hazardous waste

The Agency may, upon application by a person, approve the importation of hazardous waste into Zambia if–

(a) the hazardous waste is obtained from a county within the Southern African Development Community;

(b) the hazardous waste will be imported into Zambia for the purpose of reuse, recycling, recovery, pre-treatment and treatment;

(c) the facility to which the hazardous waste is destined has the capacity to re-use, recycle, recover, pre-treat and treat the hazardous waste;

(d) the hazardous waste is not or does not contain radioactive waste or material;

(e) the importer complies with the provisions of the Act; and

(f) the hazardous waste is not a subject of illegal traffic.

27. Export of hazardous waste

The Agency shall, upon application by a person licensed to export hazardous waste, approve the export of the hazardous waste if–

(a) the exporter, through the Agency, obtains the consent of the transit and receiving countries and notifies the Agency in Form VII set out in the First Schedule;

(b) the hazardous waste cannot be reasonably re-cycled, re-used or disposed of locally in a safe and environmentally sound manner;

(c) the receiving country has the necessary facilities, capacity or suitable disposal site to dispose of the hazardous waste in an environmentally sound manner, and has notified the Agency accordingly;

(d) the hazardous waste in question is required as raw material for re-cycling or recovery in specified industries in the receiving country;

(e) the export is in accordance with an agreement or arrangement between the exporter and importer and meets the requirements of the Act and these Regulations;

(f) the exporter of the hazardous waste has taken comprehensive insurance to cover any incidents from Zambia up to the country of destination; and

(g) the labelling, packaging and transportation identified in the notification and movement document for transboundary movement of waste meet the requirements specified in the Eighth Schedule.

28. Transit of hazardous waste

A person who intends to transit hazardous waste through the Republic shall notify the Agency in Form VII set out in the First Schedule.

29. Labelling and packaging of hazardous waste

The labelling and packaging of hazardous waste shall conform to the requirements specified in the Eighth Schedule.

(1) A person who intends to manufacture, import, export, store, distribute, transport, blend, process, re-process or change the composition of a pesticide or toxic substance or re-process an existing pesticide or toxic substance for a new use shall apply to the Agency for a pesticide and toxic substance licence in Form VIII set out in the First Schedule.

(2) The Agency shall, within thirty days of receipt of an application under sub-regulation (1), approve the application if the applicant–

(a) demonstrates technical capacity to manufacture, import, export, store, distribute, transport, blend, process, re-process or change the composition of a pesticide or toxic substance or re-process an existing pesticide or toxic substance; and

(b) has measures and facilities to ensure the safe manufacture, importation, exportation, storage, distribution, transportation, blending, processing, re-processing or changing of the composition of a pesticide or toxic substance or re-processing an existing pesticide or toxic substance.

(3) The Agency shall, where it approves an application for a pesticide and toxic substance licence, issue the licence in Form IX set out in the First Schedule.

32. Alteration of pesticide or toxic substance

A holder of a pesticide or toxic substance licence shall not alter the composition, formulation or usage of the pesticide or toxic substance without the approval of the Agency.

33. Transportation of pesticide or toxic substance

(1) A person shall transport a pesticide or toxic substance as prescribed in the Tenth and Eleventh Schedules.

(2) A driver or person in charge of a vehicle or other conveyance transporting a pesticide or toxic substance shall–

(a) secure the container or package of the pesticide or toxic substance during transportation;

(b) use hazard warning symbols on the vehicle or conveyance which comply with the standards for the classification and labelling of chemicals and the standards on the transportation of dangerous goods prescribed under the Standards Act; and

(c) be trained in the transportation of dangerous goods and be in possession of the relevant competence certificate at all times during the transportation of the pesticide or toxic substance.

(3) A person shall not transport–

(a) a banned, restricted or severely restricted pesticide or toxic substance without the approval of the Agency; or

(b) a package of a pesticide or toxic substance that is damaged, corroded or is likely to leak.

(4) An owner of a vehicle or conveyance in which a pesticide or toxic substance is transported shall comprehensively insure the vehicle or conveyance transporting the pesticide or toxic substance.

34. Packaging of pesticides and toxic substances

(1) A person shall pack a pesticide or toxic substance in a container or package that–

(a) cannot react chemically or physically with the pesticide or toxic substance it is to contain; and

(b) is capable of preventing the leakage or spillage of the pesticide or toxic substance during handling and transportation.

(2) A person shall not re-pack a pesticide or toxic substance without the approval of the Agency.

(3) A person shall not re-pack, decant or dispense a pesticide or toxic substance into a food or beverage container.

(4) A person may, with the approval of the Agency, re-pack a pesticide or toxic substance into another container if–

(a) the person takes appropriate measures for the safety of any other person who may be at risk from exposure to the pesticide or toxic substance; and

(b) the person makes adequate provision for facilities and qualified personnel to administer first aid or other emergency treatment.

(5) A person re-packing a pesticide or toxic substance shall–

(a) take the necessary precautions in the handling of the pesticide or toxic substance as specified in regulation 36; and

(b) ensure that the persons involved in re-packing are educated on the toxic nature of the pesticide or toxic substance and wear the appropriate personal protective equipment.

35. Labelling of pesticides and toxic substances

(1) A person shall not deal in a pesticide or toxic substance in a container or package without a label or a container or package that has a label which is not approved by the Agency.

(2) A person shall apply for approval of a label for a pesticide or toxic substance in Form X set out in the First Schedule.

(3) The Agency shall, where it approves a label–

(a) endorse its approval on the label; and

(b) keep and maintain a sample of the approved label.

(4) A label shall be affixed on a prominent place on the container or package containing the pesticide or toxic substance.

(5) A pesticide or toxic substance shall not be transported within Zambia to a destination for processing, packing or re-packing for retail without the label affixed in accordance with this regulation.

(6) A person shall not use a label which contains inaccurate or false information relating to the pesticide or toxic substance.

36. Handling, use and safety

(1) A person handling or using a pesticide or toxic substance shall use personal protective equipment if–

(a) the pesticide or toxic substance is in the form of powder, vapour or spray droplets, the container of which bears or is required to bear a label with the word “danger” or “warning”;

(b) the application of the pesticide or toxic substance is in a confined place; or

(c) the container of that pesticide or toxic substance bears or is required to bear a label with the word “danger” or “warning”.

(2) A person shall not authorise or order the wearing of a respirator when the canister or cartridge in the respirator exceeds the service life specified by the manufacturer.

(3) A child or pregnant woman shall not be employed in the handling of pesticides or toxic substances.

(4) A person shall not eat, drink or smoke whilst handling a pesticide or toxic substance.

37. Storage of pesticides and toxic substances

(1) Pesticides and toxic substances shall be stored in a warehouse in accordance with the Twelveth Schedule.

(2) Pesticides and toxic substances shall be stored outdoors if–

(a) the area is fenced and under lock and key;

(b) the floor of the storage area is made of impervious material and has containment provisions;

(c) hazard and safety signs are displayed at appropriate places in the area;

(d) the pesticides or toxic substances are covered with all weather material; and

(e) the storage area is well ventilated at all times.

38. Disposal of pesticides and toxic substances

A pesticide or toxic substance shall be disposed of in accordance with–

(a) the scheme of disposal submitted with the application for the pesticide or toxic substance licence;

(b) the instructions on the label and accompanying leaflet of the pesticide or toxic substance; and

(c) the requirements and conditions set out in the Thirteenth Schedule.

39. Advertising of pesticides and toxic substances

(1) A person who intends to advertise a pesticide or toxic substance shall ensure that the advert–

(a) contains statements which are technically justified;

(b) prohibits any other use of the pesticide or toxic substance except those specified on the approved label;

(c) draws attention to the appropriate warning phrases and symbols prescribed in these Regulations;

(d) provides adequate information on correct practices, including the observance of recommended application rates, frequency of applications and pre harvest intervals; and

(e) encourages purchasers and users to read the label carefully or have the label read to them if they cannot read.

(2) An advert of a pesticide or toxic substance made under sub-regulation (1) shall not–

(a) contain any statement or visual presentation that is likely to mislead the public with regard to the safety, nature, composition, suitability for use, official recognition or approval of the pesticide or toxic substance;

(b) use statements such as “safe”, “nonpoisonous”, “harmless”, “nontoxic” or “compatible with Integrated Pest Management (IPM)”, without a qualifying phrase such as “when used as directed” except that reference to IPM may be included where validated by the Agency and the claim is qualified accordingly;

(c) contain a statement comparing the risk, hazard or safety of different pesticides or toxic substances;

(d) contain misleading statements relating to the effectiveness of the pesticide or toxic substance;

(e) guarantee or imply a guarantee, such as “more profits with...” or “guarantees high yields”, unless the evidence to substantiate such claims is available; and

(f) contain any visual representation of potentially dangerous practices such as mixing or application without sufficient personal protective equipment.

(3) A person advertising a pesticide or toxic substance shall not–

(a) advertise a pesticide which is legally restricted for use by trained or registered operators, unless–

(i) the advert is contained in a journal for trained or registered operators; or

(ii) the advert prominently and clearly states the restricted usage;

(b) market different pesticides, toxic substances or active ingredients or a combination of ingredients under a single brand name;

(c) include in the advert recommendations which are at variance with those of research institutions or advisory agencies; or

(d) misuse research results or quotations from technical and scientific literature to make the claims in the advert appear to have a scientific basis that they do not possess.

(4) A member of staff involved in the sale or promotion of an advertised pesticide or toxic substance shall be adequately trained and possess sufficient technical knowledge to present complete, accurate and valid information on the products sold.

(1) The Minister may, on the advice of the Agency, ban, severely restrict or restrict the use or production of a pesticide or toxic substance where the Minister determines that the unregulated use or production of the pesticide or toxic substance is or is likely to be harmful to human health, animal or plant life or the environment.

(2) The Agency shall publish a list of the banned, restricted and severely restricted pesticides and toxic substances in a daily newspaper of general circulation in Zambia within seven days of the ban or restriction.

PART VIOZONE DEPLETING SUBSTANCES

41. Prohibition of certain activities

A person shall not emit into the environment a controlled substance or ozone depleting substance likely to cause an adverse effect to human health, animal or plant life or the environment.

42. Ozone depleting substance licence

(1) The following persons shall apply for a licence under this Part–

(a) an importer, exporter, producer or distributor of a controlled substance or ozone depleting substance;

(b) an importer, exporter, producer or distributor of technology or a product which uses or contains a controlled or zone depleting substance;

(c) a person who services refrigerators, air conditioners, mobile phones or other technology that uses controlled or ozone depleting substances;

(d) a person or an institution servicing fire extinguishers; and

(e) a person or an institution using any controlled or ozone depleting substance.

(2) An application for an ozone depleting substance licence shall be made to the Agency in Form XI set out in the First Schedule.

(3) The Agency shall, within thirty days of receipt of an application under sub-regulation (1), approve the application if the applicant has measures and facilities to ensure the safe–

(a) conduct of an activity that produces or is likely to produce a controlled substance or any other substance likely to deplete the ozone layer; and

(b) importation, exportation, distribution, sale or offer for sale, handling, recycling or reclamation of a substance likely to deplete the ozone layer.

(4) The Agency shall, where it approves an application for an ozone depleting substance licence, issue the licence in Form XII set out in the First Schedule.

43. Calculated level of controlled substance

The calculated level of an imported or exported controlled substance or ozone depleting substance shall be determined in accordance with the following formula:

I x ODP, where–

(a) I is the quantity imported or exported during that period; and

(b) ODP is the ozone depleting potential for the controlled substances set out in the third column of the Fourteenth Schedule.

44. Sale, importation or exportation of controlled substance after date of prohibition

(1) Subject to sub-regulation (2), a person shall not use, sell, offer for sale, distribute, import, export or in any manner deal with a controlled substance or a product containing a substance within a group set out in the Fifteenth Schedule on or after the date of prohibition set out in the last column of the Fifteenth Schedule in respect of that substance.

(2) Subregulation (1) does not apply to–

(a) controlled substance or ozone depleting substance that was imported before the date of its prohibition; or

(b) a recovered, recycled, reclaimed, or used controlled substance or ozone depleting substance imported or exported with the authority of the Agency.

45. Prohibition of exportation or importation of certain air conditioners

(1) A person shall not export or import an air conditioner containing or designed to use a controlled substance or ozone depleting substance.

(2) A person shall not import a vehicle fitted with an air conditioner or refrigeration unit unless the vehicle’s cooling unit is fitted with chlorofluorocarbon (CFC) free coolant.

46. Aerosol products

(1) Subject to subregulation (2), from the date of entry into force of these Regulations, a person shall not import any aerosol product which uses a chlorofluorocarbon as a gas or a propellant.

(2) Subregulation (1) shall not apply to a medical aerosol.

47. Retrofitting refrigeration containing controlled substance

A person shall not retrofit refrigeration or air conditioning equipment with a chlorofluorocarbon.

48. Fire-fighting services

(1) A person shall not use any halon in fire fighting.

(2) A person shall not sell or re-fill any fire-fighting equipment with a halon.

49. Labelling

An importer, producer, distributor, seller or exporter shall not import, produce, distribute, sell, export or in any manner deal with a product or other material containing an ozone depleting substance unless–

(a) the product or material containing the ozone depleting substance is labelled with the words “Not ozone friendly” or “ozone depleting”; or

(b) the substance is sealed in a package or other material to avoid any leakage and labelled as determined by the Agency.

50. Customs

(1) A person who imports a controlled substance or ozone depleting substance or product containing a controlled substance or ozone depleting substance shall provide a copy of the ozone depleting substance licence to an authorised officer at the port of entry or exit.

(2) A person who imports or exports any product shall tender the product to the Agency for certification whether the product contains or is made of a controlled substance.

(3) An authorised officer shall inspect and certify whether the controlled substance imported into or exported out of Zambia is in accordance with these Regulations.

(4) An authorised officer or law enforcement officer shall seize any controlled substance exported or imported contrary to these Regulations.

(5) The seized controlled substance shall be disposed of by an authorised officer in accordance with the guidelines set by the Agency.

PART VIIGENERAL PROVISIONS

51. Personal protective equipment

(1) A holder of a pesticide and toxic substance licence, waste management licence or a hazardous waste licence shall provide appropriate personal protective equipment to an employee exposed to pollution from the–

(a) manufacture, blending, processing, re-processing or storage of a pesticide or toxic substance;

(b) use, sale, distribution or transportation of a pesticide or toxic substance;

(c) importation, transit or exportation of a pesticide or toxic substance; or

(d) handling of waste or hazardous waste.

(2) The personal protective equipment referred to in sub-regulation (1) shall include the following–

(5) An employer shall, where a self-contained breathing apparatus is to be used by an employee, ensure that only persons with the relevant training and experience use the self-contained breathing apparatus.

52. Notice of arrival, possession, assignment or expiry of product

(1) A notice of arrival, possession, assignment or expiry of a pesticide, toxic substance, ozone depleting substance, pollutant, hazardous waste or waste shall be in Form XIII set out in the First Schedule.

(2) A notice of arrival referred to in sub- section (1) shall be lodged with the Agency ninety days before the arrival of the pesticide, toxic substance, ozone depleting substance, pollutant, hazardous waste or waste.

53. Notice of rejection of application

The Agency shall, where it rejects an application for a licence, inform the applicant of the rejection in Form XIV set out in the First Schedule.

54. Validity period of licence

Subject to regulation 60, a licence shall be valid for three years and may be renewed for a like period.

55. Amendment of licence

(1) An application to amend a licence shall be made to the Agency in Form XV set out in the First Schedule.

(2) The Agency shall, where it rejects an application for the amendment of a licence–

(a) inform the applicant of the rejection in Form XIV set out in the First Schedule; and

(b) endorse the rejection on the licence.

(3) The Agency shall, where it approves an application for the amendment of a licence, endorse the approval on the licence.

56. Surrender of licence

(1) A licensee who decides not to continue with the activity to which the licence relates shall agree with the Agency on the terms and conditions of the surrender of the licence.

(1) A licensee shall, where there is a change in the particulars of the licensee or the licence, notify the Agency, in writing, within fourteen days of the change.

(2) The Agency shall, on receipt of the notice referred to in sub- regulation (1), amend the licence accordingly.

(3) The Agency shall, where it identifies an error on the Register of Licences relating to any particulars of a licence, inform the licensee and amend the licence accordingly.

58. Transfer of licence

(1) A licensee shall not transfer the licence to a third party without the prior approval of the Agency.

(2) An application for approval to transfer a licence shall be in Form XVI set out in the First Schedule.

(3) An application for approval to transfer a licence shall be–

(a) made by the transferor at least six months before the expiry of the licence; and

(b) accompanied by an application for the relevant licence made by the prospective transferee.

(4) The Agency shall, within thirty days of receipt of an application under sub-regulation (2), approve the application if the transferor meets the requirements of the Act and these Regulations.

(5) The Agency shall reject an application for approval to transfer a licence if the transferor does not meet the requirements of the Act and these Regulations.

(6) The Agency shall, where it approves an application to transfer a licence, endorse the approval on the licence.

59. Renewal of licence

(1) A licensee may apply for the renewal of the licence in Form XVII set out in the First Schedule.

(2) An application for the renewal of a licence shall be made six months before the expiry of the licence.

(3) The Agency shall, within ninety days of receipt of an application under sub-regulation (1), approve the application and renew the licence if the applicant meets the requirements of the Act and these Regulations.

(4) The Agency shall, where it approves an application under sub-regulation (3), endorse the renewal on the licence.

(5) The Agency shall reject an application for the renewal of a licence if the applicant does not meet the requirements of the Act and these Regulations.

60. Suspension or cancellation of licence

(1) Subject to the provisions of the Act and these Regulations, the Agency may suspend or cancel a licence if–

(a) the holder obtained the licence by fraud or deliberate or negligent submission of false information or statement;

(b) the holder contravenes the terms and conditions of the licence, the Act or any other relevant written law;

(c) the holder fails to maintain any required records for purposes of the Act; or

(d) the holder fails to submit annual returns.

(2) The Agency shall, before suspending or cancelling a licence in accordance with sub-regulation (1), give notice to the holder thereof of its intention to suspend or cancel the licence in Form XVIII set out in the First Schedule.

(3) The Agency shall not suspend or cancel a licence under this regulation if the holder takes remedial measures to the satisfaction of the Agency within the period specified in the notice referred to in sub-regulation (2).

(4) Where a holder of a licence who is notified under sub-regulation (2) fails to show cause to the satisfaction of the Agency or does not take any remedial measures within the time specified in the notice, the Agency shall suspend or cancel the licence and notify the holder in Form XIX set out in the First Schedule.

(5) Where a licence is cancelled, the holder of the licence shall return it to the Agency and the Agency shall cancel the licence and record accordingly in the Register of Licences.

(6) Subject to sub-regulation (7), a person whose licence is cancelled may re-apply for a licence in the relevant form set out in the First Schedule if that person takes remedial measures to the satisfaction of the Agency.

(7) An application for a new licence may be made after one year from the date of the cancellation of the licence.

61. Order to cease operation or activity

An inspector who intends to order the cessation of an operation or activity causing adverse effects to the environment or which poses or is likely to pose adverse effects to human health, animal or plant life shall make the order in Form XX set out in the First Schedule.

62. Notice of seizure

An inspector who seizes and obtains any substance, material, matter, vehicle, aircraft, boat or other conveyance shall furnish the Agency with a report of the seizure in Form XXI set out in the First Schedule.

63. Receipt for removal of document, matter etc.

(1) An inspector who removes from an industrial facility, plant, undertaking, business or premises for purposes of examination and safeguarding, any document, matter, material, substance or article that has a bearing on an investigation shall issue a receipt for the item removed to the owner or person in control of the industrial facility, plant, undertaking, business or premises.

(2) A receipt for the removal of a document, matter, material, substance or article under sub-regulation (1) shall be in Form XXII set out in the First Schedule.

64. Site restoration order

(1) The Director-General may serve a site restoration order on a person, in accordance with section sixty of the Act, requiring that person to remove waste and restore the site specified in the order to a condition satisfactory to the Director-General.

(2) A site restoration order shall be issued in Form XXIII set out in the First Schedule.

65. Prevention order

The Director-General may serve a prevention order in Form XXIV set out in the First Schedule on a person who is or will be conducting an activity or is or will be in possession or control of a substance or thing that my result in an adverse effect on human health, plant or animal life or the environment.

66. Protection order

The Director-General shall, where it is necessary for purposes of conserving, protecting and enhancing the environment serve a protection order in Form XXV set out in the First Schedule on the persons specified in subsection (1) of section 104 of the Act.

67. Environmental restoration order

Where there is a discharge of a contaminant or pollutant into the environment in an amount, concentration or manner that poses a risk to human health, animal or plant life or that causes or has the potential to cause adverse effects on the environment, an inspector shall serve an environmental restoration order on any of the persons stipulated in subsection (1) of section 105 of the Act in Form XXVI set out in the First Schedule.

68. Compliance order

The Director-General shall, where there are reasonable grounds to believe that any condition of a licence has been breached, serve a compliance order in Form XXVII set out in the First Schedule requiring the licensee to remedy the breach.

69. Cost order

Where a person fails to comply with a requirement in an order, licence or approval issued under the Act and the Director-General causes the Agency to take the required measures, the Director-General shall issue a cost order in Form XXVIII set out in the First Schedule, requiring the person on whom the cost order is served to reimburse the Agency for the cost of taking the measures.

70. Notice of issuance of conditional order

(1) An inspector shall, where a court makes a conditional order in accordance with section 129 of the Act, within thirty days from the date of the order, cause a notice of the order to be published in at least three issues of a daily newspaper of general circulation in the place where the offence was committed.

(2) A notice of issuance of a conditional order shall be in Form XXIX set out in the First Schedule.

71. Notice of intention to apply for court order

(1) An inspector who intends to make an application to the court for an order to prohibit the carrying out of activities set out in section 131 of the Act, on specified premises, shall give the owner or occupier of the premises seven days’ notice of the intention to make the application to court.

(2) A notice of intention to apply for a court order under sub-regulation (1) shall be in Form XXX set out in the First Schedule.

72. Installation of metering device

The Agency may order a licensee tov install, at the expense of the licensee, at such place as may be specified in the order, such metering devices and to take samples and analyse them as the Agency may direct.

73. Register of Licences

The Agency shall keep and maintain a Register of Licences issued under the Act.

74. Offences

A person who–

(a) conducts open air burning of waste or any other material or substance without the written consent of the Agency;

(b) fails or neglects to withdraw from sale or any other use, a pesticide or toxic substance within six months of the date of its ban or restriction;

(c) exports a pesticide or toxic substance which is banned, restricted or severely restricted, without the approval of the Agency or in contravention of the terms and conditions of the ban or restriction;

(d) fails to comply with a condition of a licence issued under the Act;

(e) provides to the Agency false information in an application required under the Act; or

(f) contravenes a provision of these Regulations;

commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

75. Fees

The fees set out in the Sixteenth Schedule shall be the prescribed fees for the matters set out therein.

Name and title of contact person authorised to represent the applicant–

(a) Telephone No.

(b) Fax:

(c) E-mail

5.

Area to be licenced

(a)

(b)

(c)

(d)

(e)

6.

Appendices (attach the following information where applicable)

Appendix 1

Returns

Appendix 2

EIA report

Appendix 3

Name and qualifications of the person responsible for compliance with the Act and the conditions of the licence

Appendix 4

Documentary proof that the residents of the area surrounding the proposed emission site were notified of the applicant’s intention to apply for an emission licence in a daily newspaper of general circulation in Zambia, after seven days from the date of the notification.